Barnes v. State
The Third DCA affirmed Barnes's convictions for second-degree murder and attempted second-degree murder arising from the El Mula Banquet Hall mass shooting, rejecting his challenges to the admission of the rap video 'Mr. Pull Up' and the trial court's refusal to give the Independent Act jury instruction. The court held the video was properly admitted under §90.403 because it was probative of Barnes's knowledge of his codefendants' violent intentions and rebutted his defense that he was unaware of their plans, and that the Independent Act instruction was inapplicable because the evidence did not support a theory that a codefendant deviated from a lesser common plan.
Key facts
- Barnes was charged with second-degree murder and attempted second-degree murder for his role in the El Mula Banquet Hall mass shooting, allegedly as a lookout for his codefendants.
- At trial, the prosecution introduced a rap video titled 'Mr. Pull Up' created by a codefendant that featured Barnes, and the trial court denied Barnes's request for an Independent Act jury instruction.
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Why it matters
This opinion gives Florida criminal practitioners a useful articulation of the standard for admitting rap videos as substantive evidence of motive, knowledge, or association under §90.403, aligning with Wright, Hayes… — full analysis with a trial
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